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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Shivnery Mandal +1 moreVsState Government Of Maharashtra Through Sub Division Engineer Public Work Department

CNR MHCC0101099020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102816/2019
Registration Date
04 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 35 · 36

    Case History / Proceedings

    Case History
    Date: 25-11-2019
    Business: By precipe.
    Adv.S.K.Dubey for plaintiff present, he filed further affidavit in support of NM.
    Adv.Kudalkar for defendant  No.1 and 2 present.
    Heard argument of advocate of plaintiff and defendant  No.1 and 2 present.
    already matter adjd for NM order to 30.11.2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Mukesh Dubey for plaintiff present.
    Adv. Darshan Jain h/f Mr. Kudalkar for State/ defendant present.
    Adv for plaintiff submitted that he has filed writ petition vide no. Lodging No. WPL/3377/2019 in Hon\''ble High Court. He filed copy of status of writ petition and requested to adjourn the matter  for NM order.
    Matter adj for NM order to 10/12/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: None  for Plaintiff
    Adv. Darshan Jain  h/f Adv. Kudalkar for defendant  is present.
    KB
    LO at 04.00
    None for plaintiff.
    Adv. Kudalkar for defendant is present. He submitted that no stay is granted by Hon. High Court in Writ Petition which was mentioned on earlier date by advocate of plaintiff.
    Matter is adjourned for NM order    to 17/12/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv.Mukesh Dubey for Plaintiff is present.
    Adv. Vaibhavi Pawar h/f Adv. Kudalkar for defendant no.1 is present. She submitted that writ petition filed by plaintiff is dismissed he filed copy of order dt. 09/01/2020. TOR
    KB
    FRSR following order is passed below N/M No. 4175/219
    ORDER
    1.N/M no. 4175/2019 is  dismissed.
    2.N/M No. 4175/2019 stands disposed off accordingly.
    Matter is adjd.  for WS to 17/03/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present.
    The defendant has failed to file WS. Hence, the suit to proceed without WS against the defendant.
    Matter is adjd. to 25/06/2021 for No WS hearing.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None for plaintiff.
    Jr. Eng. Tiware officer of  PWD is present.
    Matter is adjd. to 18/11/2021 for hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv Mr.Kapse present for the defendant,.
    None present for the plaintiff.
    Matter is adjd. to 28.01.2022 for hearing without WS
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 06.04.2022 for hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: As Court is busy in hearing argument in SU 1404/17 and recording evidence in SU 2376/09. Hence board discharged.
    Matter is adjd. to 27-06-2022 for hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: court is on leave
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None present for parties.
    Matter is adjd. to 18.10.2022 for hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: None present for plaintiff.
    Adv. Bhakti Revale h/f Adv. Kudalkar for deft./state present.
    Matter is adjd. to 13.01.2022 for HEARING WITHOUT WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: None present for plaintiff.
    Adv.Darashan Jain H/F Adv.Kudalkar for defendant/ state present.
    Matter is adjourned to 28.03.2023 for no W/s hearing.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present for the parties.
    Matter is adjourned to 05.07.2023 for hearing without written statement.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None present for both the sides.
    On perusal of roznama it reveals that since many dates plaintiff is not appearing and proceeding with the matter. Hence, matter is kept for dismissal.
    Matter is adjourned to 19.08.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for the plaintiff.
    Adv. Mr. Suraj Kudalkar for defendant No.1/State is present.
    On perusal of roznama it reveals that since plaintiff failed to take steps in to the matter. Matter is kept for dismissal. Today, also none for plaintiff present. Hence, matter is kept for Order of dismissal.
    Matter is adjourned to 21.10.2023 for dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None present for the plaintiff.
    Adv. Ms. Vaibhavi Pawar h/f Adv. Kudalkar for defendant/State is present.
    KB LO at 11:27 am.
    Order below exhibit 01:
    Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that plaintiff is not appearing and proceeding with the matter since many dates. Hence, matter was kept for dismissal Order. Thereafter, also plaintiff failed to appear and proceed with the matter. Thus, it shows that plaintiff is not interested to proceed with the matter. Hence suit stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111799/2019
    Filing Date: 01-11-2019
    First Hearing Date: 25th November 2019
    Decision Date: 21st October 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    21 Oct 2023
    Order Details: Other
    Pdf Text: 21.10.2023
    Sr. No. 08
    CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
    SU 2816/19 None present for the plaintiff.
    Adv. Ms. Vaibhavi Pawar h/f Adv. Kudalkar for defendant/State is
    present.
    KB LO at 11:27 am.
    Order below exhibit 01:
    Plaintiff absent when called out repeatedly. On perusal of roznama
    it reveals that plaintiff is not appearing and proceeding with the
    matter since many dates. Hence, matter was kept for dismissal
    Order. Thereafter, also plaintiff failed to appear and proceed with
    the matter. Thus, it shows that plaintiff is not interested to proceed
    with the matter. Hence suit stands dismissed for want of
    prosecution.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    04 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No.4175/2019 in S.C. Suit No.2816/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Notice of Motion No.4175 of 2019 (CNR NO. MH CC01-011448-2019) In S.C. SUIT No. 2816 of 2019 M/s. Shivnery Mandal & Ors. …..Plaintiff V/f. State Government of Maharashtra Through Sub Division Engineer, Public Works Department, Mumbai ....Defendant Appearance:- Mr. S. K. Dubey, Advocate for the plaintif. Mr. Kudalkar, Advocate for defendant CORAM :- HER HONOUR JUDGE…

    Read Full Order
    Order 1Full order available
    04 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No.4175/2019 in S.C. Suit No.2816/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Notice of Motion No.4175 of 2019 (CNR NO. MH CC01-011448-2019) In S.C. SUIT No. 2816 of 2019 M/s. Shivnery Mandal & Ors. …..Plaintiff V/f. State Government of Maharashtra Through Sub Division Engineer, Public Works Department, Mumbai ....Defendant Appearance:- Mr. S. K. Dubey, Advocate for the plaintif. Mr. Kudalkar, Advocate for defendant CORAM :- HER HONOUR JUDGE…

    Read Full Order

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